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KCBS - 6/27/2006

Bay Area Environmentalists Look To Supreme Court On Warming (new window)

The U.S. Supreme Court has agreed to rule on a landmark lawsuit over climate change, in which Bay Area environmentalists are making the case to control greenhouse gases -- and are opposed by the Bush Administration.

The Administration claims current federal clean air law does not require it to regulate carbon dioxide emissions. But a dozen states, including California, and several environmental groups are trying to force it to do so, by filing a lawsuit against the U.S. Environmental Protection Agency.

The plaintiffs claim carbon dioxide emissions are harmful to health, and therefore should be regulated like other harmful material.

The environmental groups involved in the lawsuit include the Sierra Club, whose director of environmental law, Pat Gallagher, says the crux of the case is simple.

"Carbon dioxide is a pollutant," Gallagher told KCBS Reporter Doug Sovern. "The EPA should be regulating carbon dioxide from tailpipes and power plants, which make up the bulk of greenhouse gases in our country."

But the EPA argues that federal clean air law does not mandate its oversight as to carbon dioxide.

The Court's decision could go a long way towards determining how the nation proceeds in the fight against global warming.

Bernadette Del Chiaro of the group Environment California told KCBS's Sovern that California should proceed with its own regulations, which are more strict than the federal standards -- and, she says, it should do so even if the Supreme Court requires some sort of national greenhouse gas standard.

"Regardless of how the Supreme Court rules on this, and whatever comes out of D.C., we hope it'll be the floor, and not the ceiling, and that California will be able to move beyond that if it sees fit," she said.

The White House has rejected an overture of calls to regulate greenhouse gases. Instead, the Administration favors voluntary action and the development of new technologies to curtail emissions.

"We're hopeful that the Supreme Court will actually rule in favor of regulating global warming gases as a pollutant," Del Chiaro said. "The evidence is there, it's overwhelming, and it's clear that the government needs to step in."

Gallagher says there's a popular momentum about the issue, which has even reached the highest court in the land.

"The fact that they're willing to take [the case] up means that they're essentially willing to tackle this issue," Gallagher told Sovern. "Remember, the Supreme Court justices are men and women just like me and you. They read the news. Some of them have probably seen Al Gore's movie."

Gallagher was referring to "An Inconvenient Truth" -- the documentary featuring the former Vice President making the case for global warming.

"I think everybody understands that global warming can't wait anymore," Gallagher said.